Feasibility of Affinity Sanctity after Rape

Document Type : Original Article

Authors
mohammad hassani 1
HASSAN Shahmalekpour 2
1 PhD student in Criminal Law and Criminology, faculty of literature and humanities,, University of Guilan,, Rasht, Iran.
2 Assistant Professor ,Criminal Law and Criminology,University of Guilan,Guilan,iran
10.30497/sj.2025.247072.1432
Abstract
   Marriage affinity is a bond between one of the spouses and the relatives of the other spouse, which causes the prohibition of sexual relation between them. Most jurists, in addition to legal sexual intercourse, have also included unlawful intercourse among acts that undergo the related sanctity. In this regard, adultery can, under certain conditions, lead to the permanent affinity-related prohibitions for the parties involved and can also result in the prohibition of marriage with their relatives. The main objective of this study is to address two questions: Does coerced or forced adultery, like consensual adultery, lead to the prohibition of marriage? Does the hadith of exemption (raf‘) remove the permanent prohibition? The present research is theoretical, employing a descriptive and analytical method, with data collected through library research. The findings of this study indicate that coerced adultery does not lead to the prohibition of marriage, as the hadith of exemption is not limited to obligatory rulings and it includes substantive laws as well.
Keywords
Marriage Affinity
Prohibition
Adultery
Rape
Duress

  • Receive Date 29 September 2024
  • Revise Date 01 September 2025
  • Accept Date 06 March 2025